Merida v. State

• Decision Date: 24 June 2014
• Docket Number: No. 2012–82–Appeal.,2012–82–Appeal.
• Citation: 93 A.3d 545
• Court: Rhode Island Supreme Court
• Parties: Javier MERIDA v. STATE of Rhode Island.

93 A.3d 545

Javier MERIDA

v.STATE of Rhode Island.

No. 2012–82–Appeal.

Supreme Court of Rhode Island.

June 24, 2014.

Sean R. Doherty, Esq., for Petitioner.

Lauren S. Zurier, Department of Attorney General, for State.

Present: SUTTELL, C.J., GOLDBERG, FLAHERTY, ROBINSON, and INDEGLIA, JJ.

OPINION

Justice GOLDBERG, for the Court.

In this appeal, we review the denial of an application for postconviction relief. Javier Merida (Merida or applicant) was convicted of two counts of first-degree child molestation and one count of second-degree child molestation. We affirmed those convictions in his direct appeal. See State v. Merida, 960 A.2d 228, 240 (R.I.2008). Merida then applied for postconviction relief, arguing that he was deprived of his right to the effective assistance of counsel. Merida's application for postconviction relief was denied. The applicant sought review by this Court, and both parties appeared pursuant to an order directing them to show cause why the issues raised in this appeal should not be decided summarily. We are satisfied that cause has not been shown, and we affirm the denial of the application for postconviction relief.

Facts and Travel

This Court thoroughly recounted the facts as borne out by the trial testimony in our consideration of applicant's direct appeal. See Merida, 960 A.2d at 230–34. Therefore, we only recount facts salient to this appeal and other facts as necessary for context.

During the May 2006 trial, the complainant, Betsy,¹ testified that Merida—her paternal grandfather—repeatedly molested her when she was between the ages of seven and ten years. Merida, 960 A.2d at 230–31. She testified that the molestations occurred during weekends spent with her paternal grandparents, but when her paternal grandmother was not home. Id. at 231. Specifically, Betsy testified to one instance of breast grabbing, one instance of digital-vaginal penetration, and three instances of vaginal intercourse; however, the testimony of a third instance of vaginal intercourse was unexpected. Id.

Merida's niece by marriage, Lisa, also testified at trial. Merida, 960 A.2d at 233. Lisa testified that, when she was five to ten years old, Merida molested her when she was alone with him. Id. The trial justice permitted this testimony over objection by trial counsel, who argued that the evidence should have been excluded under Rule 404(b) of the Rhode Island Rules of Evidence. Merida, 960 A.2d at 232. Although Lisa was the first witness to testify for the state, Merida's trial counsel did not object to the order in which the state presented the witnesses. Id. at 233.

Ultimately, the jury convicted Merida of two counts of first-degree child molestation and one count of second-degree child molestation; Merida was acquitted of a third count of first-degree child molestation. We affirmed his convictions on his direct appeal. Merida, 960 A.2d at 240. Merida then brought this application for postconviction relief on February 13, 2009, arguing that his trial counsel's performance amounted to ineffective assistance. The Superior Court justice who also presided over Merida's trial took evidence and heard argument regarding the application.² In a written decision, the trial justice recounted the relevant evidence and assessed the credibility of both trial counsel and applicant. The trial justice found that applicant failed to establish that trial counsel's performance was deficient, and she therefore denied the application.

Standard of Review

“The statutory remedy of postconviction relief set forth in G.L.1956 § 10–9.1–1 is ‘available to any person who has been convicted of a crime and who thereafter alleges either that the conviction violated the applicant's constitutional rights or that the existence of newly discovered material facts requires vacation of the conviction in the interest of justice.’ ” Hall v. State, 60 A.3d 928, 931 (R.I.2013) (quoting Sosa v. State, 949 A.2d 1014, 1016 (R.I.2008)). “When passing on an application for postconviction relief, this Court accords great deference to the factual determinations of the Superior Court hearing justice.” Neufville v. State, 13 A.3d 607, 610 (R.I.2011) (citing Rodrigues v. State, 985 A.2d 311, 313 (R.I.2009)). Accordingly, this Court “will uphold a postconviction relief decision absent clear error or a determination that the hearing justice misconceived or overlooked material evidence.” Rodrigues, 985 A.2d at 313. However, “[w]hen a postconviction relief decision involves ‘questions of fact or mixed questions of law and fact pertaining to an alleged violation of an applicant's constitutional rights[,]’ we review those issues de novo.” Neufville, 13 A.3d at 610 (quoting Hazard v. State, 968 A.2d 886, 891 (R.I.2009)). “[F]indings of historical fact, and inferences drawn from those facts, will still be accorded great deference by this Court, even when a de novo standard is applied to the issues of constitutional dimension.” Hazard, 968 A.2d at 891 (quoting Gonder v. State, 935 A.2d 82, 85 (R.I.2007)).

This Court evaluates a claim of ineffective assistance of counsel under the criteria set forth in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Linde v. State, 78 A.3d 738, 745 (R.I.2013). “First, the applicant must establish that counsel's performance was constitutionally deficient; [t]his requires [a] showing that counsel made errors so serious that counsel was not functioning as the ‘counsel’ guaranteed * * * by the Sixth Amendment.” Linde, 78 A.3d at 745 (quoting Bido v. State, 56 A.3d 104, 110–11 (R.I.2012)). This review is highly deferential, and we afford counsel “a strong presumption that counsel's conduct falls within the permissible range of assistance.” Id. (quoting Bido, 56 A.3d at 111). “Only if it is determined that trial counsel's performance was constitutionally deficient does the Court proceed to the second prong of the Strickland test, in which the applicant must show that the ‘deficient performance was so prejudicial to the defense and the errors were so serious as to amount to a deprivation of the applicant's right to a fair trial.’ ” Id. at 745–46 (quoting Guerrero v. State, 47 A.3d 289, 300–01 (R.I.2012)).

Analysis

The only issue properly before this Court is whether applicant was denied his constitutional right to the effective assistance of counsel under the Sixth Amendment to the United States Constitution and article 1, section 10 of the Rhode Island Constitution.³ The applicant presents a myriad of reasons for his claim. They are discussed seriatim.

The applicant contends that trial counsel was ineffective because he failed to investigate, call witnesses, or properly cross-examine witnesses about the complainant's motive to lie. This argument focuses on allegations of tension that existed between Betsy's maternal grandmother, Donna, and the Merida family that arose at the time the complainant was born. According to trial counsel, the defense's theory at trial was that her grandmother pressured Betsy into making the allegations against Merida. Although trial counsel acknowledged that he was aware of the animosity between the families at the time of Betsy's birth, he contends that the Merida family never told him “why [Donna] wanted to see Javier Merida prosecuted for child molestation.”

The applicant testified at the hearing and averred that he provided trial counsel with the details of an ongoing inter-familial conflict—in particular, issues regarding Betsy's custody, changing her last name, and changing her health insurance—and that he asked trial counsel to hire an investigator to explore the family dynamics. Trial counsel, however, testified that he did not recall any discussion with the Merida family about changes to Betsy's custody, last name, or health insurance. The trial justice found trial counsel's version of the discussions with his client to be “highly credible” and based on both his memory and his detailed notes. Conversely, she found that Merida's version lacked credibility. Accordingly, the trial justice was satisfied that trial counsel adequately explored any motives Betsy may have had to fabricate her testimony.

Before this Court, applicant asserts that trial counsel's actions were not a “reasonable exercise of strategy.” However, this argument is largely predicated upon Merida's version of events, which the trial justice found to be not credible. This Court defers to a trial justice's findings on credibility. See Doctor v. State, 865 A.2d 1064, 1068 n. 5 (R.I.2005) (“[I]n reviewing an application for postconviction relief, we defer to the trial justice's findings on credibility unless clearly wrong.”). Accepting trial counsel's version—that he did not know the specifics of the ongoing animosity between the families—we agree with the trial justice that it was reasonable for trial counsel to not pursue it any further. See Rice v. State, 38 A.3d 9, 17 n. 11 (R.I.2012) (“We note that ‘[o]n review of an application for post-conviction relief we are bound by the trial justice's determination concerning credibility.’ ”) (quoting State v. Feng, 421 A.2d 1258, 1273 (R.I.1980)). An attorney cannot pursue a potential defense if he or she is unaware of the specifics of that defense. Furthermore, the record discloses that trial counsel examined Betsy for any potential influence by Donna, and he argued that issue to the jury. Therefore, trial counsel was not constitutionally deficient with respect to the complainant's motive to lie.

The applicant next contends that trial counsel was ineffective because he failed to present a medical expert to rebut the testimony of Dr. Christine Barron (Dr. Barron). Doctor Barron examined Betsy after she disclosed Merida's abuse. Testifying during the state's case-in-chief, Dr. Barron testified that the results of Betsy's examination were normal. When asked whether a normal examination may nonetheless be consistent with allegations of vaginal...